Home > Academics > View Points

Wan Yong: The Meaning of Cinematographic Works from the Perspective of the Functionalism

Abstract: By referring to the interpretation method of the Berne Convention and the American Copyright Law, it is submitted that recording and transmission are carried out at the same time through live webcasting of the motion pictures of sports events, which constitutes fixation and satisfies the requirements of “the filming on a certain medium”. From the legislative purpose of the Copyright Law, in the context of Chinese law, the standard of originality should be closer to the standard of the copyright system, instead of the standard of the author’s right system. In this regard, the selection and arrangement of the motion pictures of the sports event satisfy the originality requirement. The premise for the broadcasting right is the existence of a work. If the motion pictures of a sports event are considered not to be cinematographic works or other work, the broadcasting right cannot be applied to the live webcasting of them.

Keywords: cinematographic works; fixation; originality; motion pictures of the sports event; functionalist theory on interpretation

(Editor: XU JING)

© 2014 Renmin Law School | 59 Zhongguancun Avenue, Haidian District, Beijing, 100872 CHINA 86-10-82500352
Contact us : ; Support :